LIM THEAM KEAT v. TERUS JAYA AUTO (M) SDN BHD [2011] 4 ILR 544 INDUSTRIAL COURT, KUALA LUMPUR
EDDIE YEO SOON CHYE
AWARD NO. 1336 OF 2011 [CASE NO: 13/4-574/2009] CONTRACT OF EMPLOYMENT: Terms and conditions - Retirement age - No employment contract executed between the company and the claimant - Company retiring him off at the age of 55 - Whether the claimant had been aware of the company's retirement age - Conduct of the claimant - Evidence adduced - Whether it had been an implied term - Whether the company by its conduct had unilaterally imposed the retirement age on him - Claimant refusing to accept the retirement age - Effect of - Whether the company's actions had constituted a dismissal - Effect of - Whether the company's actions were bona fide - Effect of - Whether dismissal without just cause or excuse - Industrial Relations Act 1967, ss. 20(3) & 30(5)
